GENERAL TERMS AND CONDITIONS OF THE GOLF AKADEMIE

§ 1

The fully furnished apartment is let for temporary use according to § 549 Para. 2. No. 1 BGB [German Civil Code].

Due to possible measurement errors, the dimensions of the apartments provided in m² should not be used to determine the exact size of the rental property.

The area of the apartment can be obtained from the individual floor plans.

§ 2

The apartment may only be used for residential purposes by the number of persons specified in the rental agreement. Any use other than residential use or use by a higher number of persons than specified in the rental agreement is not permitted.

If the apartment is rented to a commercial tenant (company), the tenant of the apartment may only lease it out to its members of staff, which must be named to the lessor, on a temporary basis for the duration of their deployment in Groß-Zimmern and surrounding area. If the members of staff change during the current term of the lease, the tenant must immediately inform the lessor of this change and give the names of the new members of staff to the lessor.

§ 3

An extension to the lease agreement is possible if the tenant notifies the lessor in writing of his wish to extend, including details of the new lease duration, at least 4 weeks (or at least 1 week in the case of 4-weekly agreements) before the end of the lease, and if the extension is not objected to in writing at least 5 days (or 3 days in the case of 4-weekly agreements) before the end of the lease.

There is no option of a tacit extension of the lease agreement for an unlimited period according to § 545 BGB.

§ 4

If the apartment is not vacated at the proper time the lessor is not liable to default penalties unless the lessor has acted in a wilful or negligent manner. Other statutory rights of the tenant remain unaffected.

§ 5

Upon signing the lease agreement, the tenant/user is committed to register with the relevant authorities in the event of a stay of more than 60 days (second home). The tenant/user also expressly commits to register with the lessor. If this obligation is not met or in the event of any other behaviour that prevents the prescribed registration, the lessor is entitled to the right of extraordinary termination with immediate notice.

In the event of extraordinary termination due to rent arrears according to § 543 BGB, the rent will be extended to include an operating cost allowance.

§ 6

The operating costs are included in the rent charged for each apartment. There is no annual statement.

13031. final clean is not included in the rent. Costs (ex-VAT) are as follows for
       - 1 Apartment BIRDIE at least      €119.00 net,
       - 1 Apartment EAGLE at least                                   €119.00 net,
       - 1 Apartment ALBATROSS at least               € 149.00 net.

This cost is invoiced directly by the service company.

The standard costs for the final clean must be paid by the tenant direct to the service company. The lessor indicates that this final clean is not an extra service in the sense of an optional service. The final clean must be carried out before the apartment can be handed over to the next tenant.

The scope of the final clean is contained in the service description of the service company. If the tenant hands over the apartment in a condition that cannot be resolved by the usual final clean, he can either resolve this condition himself within a timescale to be agreed or pay the service company to carry out this additional work on an hourly basis. Additional work will be invoiced to the tenant by the service company once the work has been completed.

§ 7

Any withdrawal from the signed agreement between one and two weeks before the planned start date will incur a cancellation fee of 50% of one month’s rent. From the fourth day before the planned start date a cancellation fee of 75% of one month’s rent will be levied.

This only applies to those days in which the apartment cannot be let elsewhere.

§ 8

The rent cannot generally be paid in cash. For administrative reasons the lessor will only accept bank transfers or credit card payments.

When handing over the apartment, there must be proof of payment. If this is not the case, the lessor is entitled to withdraw from the rental agreement. The tenant cannot claim compensation from the lessor if the withdrawal of the lessor is due to a payment delay by the tenant. The withdrawal does not exclude any claims for compensation by the lessor.

All additional monthly rent payments may not be paid in cash but must instead be paid into the account of the lessor by the third working day of each month at the latest. The parties agree that the tenant will pay a deposit of one month’s rent for all claims arising from this agreement, which will be due 2 days before the handover. The deposit can be paid by credit card or bank transfer.

The lessor is entitled to take any default payments that may become due from the deposit, even before the end of the tenancy. In this case, the tenant must replace any money taken from the deposit. The deposit will only be paid back by the lessor, even in the event of premature termination, when all claims arising out of the tenancy have been met or the normal rental period has expired.

§ 9

In the event of rent arrears, the lessor is entitled to charge interest as well as compensation for any damages. Interest on arrears is charged at nine percent above base rate according to § 247 BGB together with the law combating late payment of commercial transactions.

For each warning about late payment, the tenant will pay a flat rate reminder fee of €40.00 according to the law combating late payment of commercial transactions. The tenant reserves the right to provide evidence that a lower cost has accrued.

Offsets and retentions due to claims from another contractual obligation are not permitted.

§ 10

Without express written consent from the lessor, the tenant is not permitted to sublet to any third party or to allow a third party any other use of the property, except as a visitor. The consent is only given for individual cases and can be withdrawn at any point with due reason. The use of the apartment by company employees of the tenant do not represent subletting in this sense.

In the case of any use or transfer of use contrary to the contract, the lessor is entitled to assert an extraordinary right of termination.

Once the contract has been signed, in the event of any transfer of use the tenant will pay the lessor the stipulated demand for right of lien against the subtenant equating to the rent demand of the lessor for security, if the lessor levies any claims against the tenant. By signing the rental agreement the lessor accepts this stipulation.

§ 11

Due to the special nature of the rental property (boarding house) no pets, even small animals, may be kept without advance written consent from the lessor.

§ 12

The apartment is fully furnished and provided with crockery, cutlery, bedlinen and pillows as well as electrical appliances. The inventory gives a detailed list of all furnishings. The furnishings form part of the rental agreement. The rent for the furnishings is included in the overall rent.

The tenant must treat the rented furnishings with due care and attention. Any loss or damage will be charged to the tenant in line with the replacement costs.

A handover report will be prepared at the start of the tenancy containing details of all the rented furnishings. This document will form the basis for the return report at the end of the tenancy. Point 2 covers any lost or broken items of property.

Wear and tear of the rented furnishings through normal use will not be charged to the tenant, as per § 538 BGB, but is instead included in the rent.

§ 13

The tenant is responsible for the appropriate cleaning, ventilation and heating of the entire rental property (rooms, accessories etc.) and must treat the appliances and fittings with due care and attention; he must also prevent the water inlet and outlet pipes from freezing.

Any damages caused in and to the rental property must be brought to the lessor’s attention immediately. Any damages that are not immediately brought to the attention of the lessor must be replaced by the tenant.

Any damages caused through the fault of the tenant to the rental property or the building – including by the washing machine and dishwasher - or to the appliances belonging to other rental properties or the building, must be rectified by the tenant if they were caused by him or any persons belonging to his household. This also applies to damages caused by his visitors, delivery personnel and any tradesmen employed by him through negligence of duty of care. If the tenant pays compensation, the lessor is obliged to withdraw from any claims against the person causing the damage.

§ 14

Changes in and around the rental property, in particular conversions and modifications, installations and so forth may only be carried out with the written authorisation of the lessor. At the request of the lessor, the tenant is obliged to remove any conversions or modifications in full or in part when he moves out of the property and to restore it to its original state without requiring a caveat from the lessor.

§ 15

During normal working hours (weekdays from 8:00 am to 7:00 pm) the tenant must ensure that lessors, subcontractors, specialists and interested parties are able to access the rental property – with advance notice - for specific purposes. In cases where there is a risk of danger, access must be enabled at any time of the day or night. Furthermore, the property manager is entitled to inspect the property once a month. The rental property must also be accessible for cleaning and service personnel in the period between 8:00 am to 4:00 pm, if the tenant requires this service.

§ 16

When moving out, the tenant must remove all his belongings from the apartment. If he does not comply with this obligation, the lessor is entitled to have the aforementioned belongings removed from the apartment at the cost of the tenant.

Upon moving out, all keys must be returned to the lessor, property manager or authorised representative. A lock system is installed in the apartment building in line with official regulations. If the key is lost or not returned, the tenant is liable for the cost of the dismantling of the existing lock system and the cost of the installation of a new lock system.

10 days before handing back the apartment, a pre-inspection will take place to determine any damages or missing items.

§ 17

The tenant is obliged to comply with the house regulations. Any violation can lead to a termination of the tenancy